You may have seen the new story and been angered: the lady who spills coffee on her lap and sues McDonalds for millions of dollars. It sounds absolutely ridiculous, and the news media loved reporting on it. But the media did not tell the whole story, instead sensationalizing details to further its narrative of runaway suits filed by greedy people and their lawyers. As it turns out, there were many facts about the case that the media ignored, one of many ways they lie to the public about the legal system.

Ad Damnum Exaggeration

Of course, it sells newspapers to report on a $1,000,000 lawsuit, particularly when the injury seems minor. However, it is important to understand that the amount sued for (called the ad damnum) is often much higher than the actual claim for a very good reason. In many states, including Virginia, the plaintiff cannot recover more than the amount sued for, and frequently the value of the claim is not fully known when the lawyer files suit. For instance, $10,000 in medical bills at the time suit is filed might easily increase to $100,000 due to an unexpected surgery. If the lawyer only sued for $10,000, the client could not recover all of their medical bills. For this reason, all good lawyers recommend that the ad damnum amount be far more than they could ever expect to recover for their client. The amount the plaintiff asks for at trial is the real amount of the claim.

Misleading on Injuries

Everyone occasionally burns their tongue on a drink that is a bit too hot. Based on that experience, a burn from coffee sounds like such a minor injury that no medical treatment would be necessary. The media used that assumption in the McDonalds coffee cup case to make the claim seem even more ridiculous – a suit for millions of dollars when the plaintiff, Stella Liebeck, only had a burn from coffee. But the plaintiff’s injuries were unquestionably serious: she had 3rd degree burns over 16 percent of her body, including her inner thighs and genitals. In places, the scalding coffee burned Ms. Liebeck’s skin away to the layers of muscle and fatty tissue. She spent 8 days in the hospital, receiving numerous skin grafts, and never completely recovered.

The Story Doesn’t End Where You Think It Does

It may surprise you to learn that Ms. Liebeck did not actually receive $2.7 million, the amount of the original jury verdict so gleefully reported by the media. In fact, the judge later reduced her jury award to $600,000 through a process called remittitur. While the matter was being appealed, the parties settled out of court, likely for far less than $600,000. Our system has layers of review built in to minimize the risk of outlier decisions, but the media often reports the decisions that make for a good sound bite while never following up to let you know how the case actually ended.

Our legal system is not perfect, but overall does a decent job of producing reasonable outcomes. If you’re looking to get rich for nothing, a lawsuit is not usually the way. If you simply want fair and reasonable compensation for your injuries, give us a call.

Why do we need uninsured/underinsured motorist coverage, also known as UM/UIM? What is it? Am I being sold something that I do not need? These are questions you may be asking when you look at your insurance bill. Or, these are question you may have asked when you are contracting for automobile insurance coverage with your insurance agent. But if you are not asking these questions, maybe you should.

Uninsured motorist coverage is coverage that protects you when the driver that hits you is driving an uninsured vehicle. So in other words, you have coverage in a wreck where you are hit by an uninsured vehicle. Similarly, underinsured motorist coverage is coverage that protects you when you are in a bad accident and the driver that hits you is driving a vehicle with minimal coverage.

Consider this true story: our client comes in after an awful wreck. She was hit by a crazy driver who was raging up the road. Our client is severely injured and ends up with substantial hospital and medical bills. The crazy driver was uninsured, driving an uninsured vehicle. Our client told us that she had “good insurance.” We had her to bring in her declaration sheet and policy. As it turns out, she had good insurance coverage for her ($300,000), however, she had recently reduced her UM/UIM coverage from $300,000 to $25,000, in order to save a few hundred dollars in car insurance per year. It is this latter coverage that applies in this case. Unfortunately, she made this change just a couple of months before the accident. So this change may have cost her up to $275,000 worth of coverage for medical bills, pain and suffering, and other compensation!

In contrast, and in that same wreck, was a passenger who had good insurance but never reduced the UM/UIM coverage. She is now stands in a much better position to recover, both from a health standpoint and financially.

When you are purchasing car insurance you should consider this real world story and ask yourself whether you are really covered by your policy.

If your car is damaged by the fault of another driver, you are entitled under the law to a rental vehicle for a reasonable time. The code sets out the conditions for a rental as follows:

8.01-66. Recovery of damages for loss of use of vehicle

Whenever any person is entitled to recover for damage to or destruction of a motor vehicle, he shall, in addition to any other damages to which he may be legally entitled, be entitled to recover the reasonable cost which was actually incurred in hiring a comparable substitute vehicle for the period of time during which such person is deprived of the use of his motor vehicle. However, such rental period shall not exceed a reasonable period of time for such repairs to be made or if the original vehicle is a total loss, a reasonable time to purchase a new vehicle. Nothing herein contained shall relieve the claimant of the duty to mitigate damages.

What is a reasonable time?

The key phrase here is “a reasonable time.” What is reasonable to you and me may not be to an insurance company. That last sentence about duty to mitigate damages means that you have a duty to do everything necessary to expedite the repair of your car.

Will the insurance company front the cost of a rental?

The insurance company for the person that is at fault in the accident will pay the rental cost up front for you if there is no issue about how the accident happened. However, those companies love to use the threat of taking your rental car if you do not do their bidding. Then, they want to tell you that you are only entitled to a set period. Clients come in and tell me the company said “in Virginia you are only entitled to a rental for 10 days”. Well, that is not the law. You are entitled to the rental for a reasonable time for the repairs to be made.

What if my vehicle is a total loss?

If your vehicle is a total loss, then you must take reasonable steps to replace it in a timely manner, but how long is that? Once again, there is likely to be a difference of opinion between the insurance company and you. What is reasonable is in the eye of the beholder.

What are my rights if the insurance company takes the rental back?

The insurance company may threaten to take the vehicle back after some period of time. You have the right to continue to rent the vehicle, but you then must pay out of your own pocket. Then you can sue the insurance company and a judge will decide if you or the insurance company was correct in what was a reasonable time. Most people do not have the resources to do that so the insurance company can call it any way it pleases.

How can a lawyer help with my rental car?

A lawyer can help you find your way through this maze. Call an experienced accident lawyer early in the process and get the help you need.

]]>1694The Perfect Storm: Financial Chaoshttp://overbeylaw.com/news/the-perfect-storm-financial-chaos/
Tue, 08 Aug 2017 17:07:01 +0000http://overbeylaw.com/?post_type=news&p=1681Imagine your income stops, and at the same time you are racking up thousands of dollars in medical bills. Though it seems like a horrible nightmare, for many who are the victims of car wrecks or other accidents this is a reality. How do you survive financially when faced with the financial equivalent of the Perfect Storm? Unfortunately, there are no easy answers since settling your case can take months or even years. However, you do have options in the meantime.

Payment Plans

One of the greatest challenges you may face after your accident are the medical bills. Even if you have health insurance, co-payments alone for surgeries, physical therapy, hospitalizations, medication and more can be huge. For those without access to health insurance, the costs may be far worse. If you cannot pay, you will be unable to get the treatment you need to fully recover. Fortunately, many medical care providers are willing to work out payment plans if you simply ask. In some cases, you may be eligible for forgiveness of medical bills, or financial assistance in the form of Medicaid. Your attorney may be able to recommend treatment providers who are willing to treat you with the expectation of getting paid when you settle your claim.

Financial Assistance

Another option is to borrow money with the idea of paying it back when the case settles. Your lawyer cannot loan you money due to ethics rules, but there are other sources of funds. A home equity loan or even an unsecured loan is often the best option, though these may be impossible to obtain if you are unable to work due to your injuries or have bad credit. Another choice is borrowing from friends or relatives, though this is not available to everyone. There are also loan companies which specialize in lending money with an understanding they will only be paid back if you receive a settlement. However, this source should be a last resort since this type of company nearly always charges interest rates that are in the stratosphere.

Bankruptcy

When all else fails, filing bankruptcy may be necessary. A bankruptcy petition creates an “automatic stay,” which prevents your creditors from attempting to collect on your debt except through the bankruptcy court. Ultimately, some debts may be discharged through this process, meaning you do not have to pay them back. However, bankruptcy will negatively affect your credit for years to come and may require selling many of your assets. In addition, discharge of your medical bills will likely prevent you from recovering for those bills as part of your personal injury claim. There are other technical effects of bankruptcy which can endanger your personal injury claim, so you need to consult with your personal injury attorney before filing to ensure this does not occur.

Financial stress is just one of the many ways that an injury can change your life and make it more difficult. Hiring an attorney early in the process, can help minimize the difficulties you face.

]]>1681Your Doctor is Crucial in an Auto Accident Casehttp://overbeylaw.com/news/your-doctor-is-crucial-in-an-auto-accident-case/
Mon, 10 Jul 2017 17:21:09 +0000http://overbeylaw.com/?post_type=news&p=1575No one likes having to go to the doctor. Doctors are busy, and getting in to see them often requires a long stay in the waiting room. With health insurance covering less and less, the out of pocket cost to patients keeps going up. As a result, most of us avoid going to the doctor like the plague. When you have a personal injury claim, however, failing to follow up with your doctor can be a mistake with tremendous consequences for your case. Here’s why you don’t want to fall into that trap.

Doctors Help Us Get Better

With all the healthcare bureaucracy, it’s easy to forget that your doctor’s primary goal is to help you heal. When you fail to follow up for necessary treatment, the doctor has no way to accomplish that goal. Doctors tend to assume if they do not see a patient that the medical problems have resolved. Typically, doctors also prefer a conservative approach, moving to more aggressive treatments only when necessary. If you don’t go to the doctor to report continuing problems, he or she will never know that more aggressive treatment is necessary to heal you. In addition, jurors will be unlikely to believe you were really having problems since the insurance company lawyers will argue that you “didn’t bother” to go to the doctor.

Doctors Prove the Injuries

In a personal injury case, a doctor is an essential witness to proving the nature of your injuries, regardless of their severity. For more serious injuries, such as broken bones or damage to internal organs, your doctor will need to testify to explain the results of x-rays or other diagnostic testing to the jurors. For more common injuries, such as a strained neck or back with no broken bones, the doctor’s testimony can be even more important. There is often no visible evidence of this type of soft tissue injury, which frequently cannot be confirmed by diagnostic testing. Your doctor’s expertise can be critical in convincing jurors that the injuries are real and significant.

Doctors Document the Symptoms

Your court case may not settle or go to trial for years after the initial injury. Although the symptoms are foremost in your mind while you are recovering, they are easy to forget by the time you need to testify about how your injuries affected you. You may remember some of the worst symptoms, while forgetting others. Without evidence of what you experienced, obtaining fair and complete compensation is impossible. Doctors, however, generally keep careful records of your symptoms. We obtain copies of these records as part of our representation, which can help prove all the ways you were affected. Not only that, the records will help refresh your recollection as to symptoms you may have forgotten.

The bottom line is that your doctor is one of your most important allies in recovering from your injuries. Cooperate with the doctor and follow their recommendations to the letter to maximize your chances of complete physical and financial recovery.

]]>1575Police Are Crucial in an Auto Accident Casehttp://overbeylaw.com/news/police-are-crucial-in-an-auto-accident-case/
Tue, 27 Jun 2017 19:11:15 +0000http://overbeylaw.com/?post_type=news&p=1574Why do we need the police involved in an accident where it is clear what happened? How can they help sort your accident out? What happens if they are not there? These are all good questions that you may not be thinking about at the accident scene….but maybe you should.

Information Gathering

The first question is why do we need the police at the accident. This seems obvious at first, as any accident scene may need police on the scene to coordinate first responders or to regulate safe, post-accident traffic flow. But beyond that, the police officer is there to facilitate information exchange. This is how you, the accident victim, get vital information about the person who hit you, as well as the insurance coverage information for the defendant driver. In the end, your recovery will come from the other’s driver’s insurance company. Without the police, the parties at the accident risk leaving that scene of confusion without the information they need going forward.

Documentation of Facts

Of equal importance is what the police can do to sort out the accident. This goes beyond information exchange as the police can help define who is liable. They do this by interviewing the parties, examining the accident scene and writing up a police report. In the police report, the officer describes the accident, as well as any improper actions taken by the at-fault driver. The police officer also writes any traffic tickets associated with the accident. Where the police officer writes a ticket to the at-fault driver, it is very difficult for the driver (or his or her insurance company) to avoid liability for the accident. So in this way, the police officer helps to set up your automobile accident case from the very beginning.

When There’s No Officer

Now what happens when the police are not called or decline to get involved? This can be devastating to your case. While it may be clear to you who is at fault, and the other driver may even be apologizing, the insurance company on the other side is free to investigate the accident and draw their conclusions as to liability. And where there is no police report or traffic ticket, the insurance companies tend to think pretty long and hard before admitting anything. Similarly, when your accident occurs in a parking lot, the police may be there but may still decline to get involved because it is “private property.” Again, you face a larger battle on the liability side in these instances.

In the end, the police who respond to your accident scene play many roles and often times make the difference when the insurance company is deciding whether to accept or deny liability on behalf of their insured.

You’re injured in an automobile accident that was not your fault. Then you get a call from Nationwide, Allstate or Progressive. The adjuster claims to want to help, and makes you an offer. The offer might even sound pretty good. Should you attempt to negotiate and settle your own case? It’s not a good idea. Once you settle, you have forever waived your claim.

Statistics prove that injured persons who hire attorneys obtained, on average, three times more for their personal injury case than those persons who did not have an attorney. Insurance companies are aware of this, so there is nothing they would like any better than to attempt to settle your case without an attorney involved.

Insurance Company Tactics

How do adjusters go about trying to settle with you? You’ll find different adjusters in different companies take different approaches. Some will try intimidation. They will be very aggressive and attempt to pressure you into a settlement. They may even imply you are stupid, greedy or dishonest. The goal is to wear you down, so you will decide it’s easier to accept whatever the insurance company is willing to pay.

Other adjusters will try the opposite approach, trying to keep contact with you, and being very pleasant every time you speak. This type will try to make you think they really care. Beware: these adjusters are merely wolves in sheep’s clothing! The only thing they really care about is the bottom line. That is, the bottom line for the insurance company.

Profits Not People

Remember that the purpose of an insurance company is to make as large a profit as possible. The more they pay for claims, the less in profit they can show their shareholders. Insurance adjusters are often under pressure from management to do anything they can to minimize payouts on accident claims. If you remember Matt Damon’s movie The Rainmaker, you’ll know that insurance companies are not interested in making fair payouts. They are in the business of profits, not people.

Adjusters are really good at making an offer sound great. They will offer to pay your medical bills and give you an extra thousand dollars or two, which may be money you desperately need while recovering from the wreck. In reality, your case may be worth a lot more. The law says you are entitled to compensation not just for medical bills and lost wages, but for the pain, inconvenience and stress your injuries cause. As anyone who’s been through a wreck knows, these factors can be devastating and are often worth far more than the medical bills.

Before you go down this road, consult with an attorney. At Overbey, Hawkins, and Wright, PLLC, your first conference with us is free, and there’s no obligation. Check out our website for frequently asked questions. http://overbeylaw.com/ We are here to help.

]]>1563Concussions Are More Than Just a Headachehttp://overbeylaw.com/news/concussions-are-more-than-just-a-headache/
Sun, 04 Jun 2017 06:00:58 +0000http://overbeylaw.com/?post_type=news&p=1539Most people over the age of thirty remember when a sharp blow to the head was just “getting your clock cleaned.” In years past, folks seldom saw a doctor for such an injury, and doctors rarely prescribed much, if any, treatment. However, as medical technology has improved, the medical field now recognizes that even a seemingly minor blow to the head can have permanent effects.

The 2015 movie Concussion addresses how improved knowledge of these injuries impacted the National Football League. In many cases, these concussion injuries result in a diagnosis of a traumatic brain injury. Given our increased knowledge base, here are some tips for treating a concussion:

1. Treat the Concussion Immediately

If you try to “tough it out” and ignore your symptoms, the problem will probably become worse. Consult with a doctor to get recommendations on limitations while you recover. Doctors often prescribe rest, and particularly recommend that you avoid stressful or physically demanding activities. You will need to get a recommendation from your doctor about whether you are able to work, and if so whether your employer needs to make accommodations due to your condition. When you are ready to return to your normal schedule, it is best to do so gradually so that your brain has time to adjust to the increase in activity.

2. Avoid Another Head Injury

While recovering from a concussion, you are especially vulnerable to further head injury. A bump that would not ordinarily do significant damage is more likely to result in brain swelling or permanent damage. Because of this, you should be careful to avoid activities such as sports that have a high likelihood of another blow or jolt to the head.

3. Find a Helper

In addition to headaches, concussions often cause memory difficulty, confusion, and cognitive problems. In part because the symptoms affect the patient’s memory and ability to think, the patient is often unable to communicate symptoms effectively with doctors. In fact, patients frequently are unaware that they have any symptoms. For that reason, the patient must find a close friend, co-worker or family member to tag along for doctor appointments and help provide a complete picture of symptoms. You should also consult with your helper before making important life decisions.

4. Seek a Specialist

Emergency room doctors often suggest any follow up for a concussion, particularly when mild, be with your family doctor, who is most likely a general practitioner. However, a neuropsychologist or neuropsychiatrist has special training to identify concussion-related symptoms that will only show up with thorough testing. Such testing often takes several hours, or even a full day, but gives your provider a much more detailed and accurate picture of how your concussion is affecting you.

The therapies that are available for treating concussions and traumatic brain injuries today are providing people with great result, but you need to start treating these symptoms early, within the first 3-6 months of your injury. If you don’t start treating for your condition, it may never get better. During this time you should be focusing on your physical and emotional recovery to ensure that, later on down the road, you receive a financial recovery.

5. Develop Coping Strategies

Symptoms of a concussion can make tasks that were once easy seem difficult or even impossible. For example, you may go to the grocery store and realize you have forgotten why you are there. Making lists can help you avoid this type of issue. You may need to enlist your helper to write up instructions for tasks that you once performed without having to think about them, such as running a dishwasher or washing laundry.

6. Hire an Attorney

If your injury resulted from the negligence of another person or company, an attorney can help ensure that you recover full and fair compensation for all of the ways the concussion has affected you.

]]>1539A few words of wisdom for your memorial day weekendhttp://overbeylaw.com/news/a-few-words/
Thu, 25 May 2017 06:00:27 +0000http://overbeylaw.com/?post_type=news&p=833For many, memorial day marks the beginning of summer. Memorial Day, however, is much more than vacation and barbecues. It is a day when we can look back and remember and honor the sacrifices made by the men and women of our armed forces. With Memorial Day comes high traffic volumes on our interstates and other highly traveled roads.

On a weekend when we specifically take time to remember those who paid the ultimate sacrifice for their country, it seems only appropriate that we express gratitude and and humility in the way we drive. When the roads are packed with anxious drivers flurrying about to their favorite vacation destination, be generous with the road, let people merge, slow down at intersections, leave your phone in your pocket, don’t travel at excessive speeds, and don’t be angry with folks who drive the speed limit. Remember that you are going on your vacation this weekend because a soldier gave his or her life.

“We have made enormous progress as a nation in increasing seat belt use, but far too many people are still dying because they are not buckled up during crashes,” said NHTSA Administrator Mark Rosekind. “Before you even turn the key, make sure that everyone in your car has their seat belt on, every trip, day and night.”

We are right in the middle of the campaign right now and this weekend will cap off the two week period where law enforcement, both local and state, crack down on motorists who are not wearing seat belts.

“It’s a simple idea that every driver and passenger should keep in mind: buckle up, every time,” said U.S. Transportation Secretary Anthony Foxx. “Putting on your seat belt is one of the easiest and safest choices you can make.”

NHTSA boasts that from 2011 to 2015, seat belts have saved nearly 64,000 lives, enough to fill a football stadium. In 2015 alone, seat belts saved more than 13,941 lives.

Data from NHTSA show that nearly half (48%) of the 22,441 occupants killed in crashes in 2015 were unbuckled. In addition, 57 percent of passenger vehicle occupants killed at night were not wearing their seat belts, compared to 40 percent killed during the daytime. Men continue to outnumber women in not wearing seat belts – 52 percent to 42 percent respectively. Pickup truck occupants tend to be the lowest among any other vehicle type in wearing seat belts –59 percent of drivers killed were not wearing a seat belt, compared to 54 percent for SUV drivers, 42 percent for passenger car drivers, and 41 percent for van drivers. View the 2015 occupant protection data

It is in your best interest to buckle up to save yourself, and your family, from enormous tragedy. Nobody wants that.

[Tweet “It is in your best interest to buckle up to save yourself, and your family, from enormous tragedy.”]

NHTSA’s commercials are pretty convincing portrayals for why increased enforcement is a good idea and why you should wear your seat belt. So buckle up, it just might save your life.

]]>833Confronting the Gecko: Why You Should Be Afraid to Save 15% in 15 Minutes Or Lesshttp://overbeylaw.com/news/confronting-the-gecko-why-you-should-be-afraid-to-save-15-in-15-minutes-or-less/
Wed, 03 May 2017 05:30:48 +0000http://overbeylaw.com/?post_type=news&p=1530Those ads are so appealing. That cute little gecko just says click on and save 15%. Why not? The first bad mistake many people make is believing that the gecko wants what is best for you. What the gecko really wants is what is best for him.

What is best for the gecko?

The gecko wants us to buy the lowest amount of insurance coverage possible. That is best for the insurance company because it limits the loss for the company if you need to call on your insurance coverage because of an accident. In Virginia, the law only requires that you carry $25,000 in liability insurance.

Why is the lowest coverage best for the gecko?

Assume it’s raining, you do not realize water has puddled on the road and you slide into the oncoming lane hitting another car. Several persons in the car are injured and sue you for $500,000. The gecko says the cheapest insurance is the best and you have the minimum coverage of $25,000. All the gecko can lose is $25,000.

Why is the lowest coverage not best for you?

All you can lose is everything you own and everything you earn for the next 10 years. If you do not pay up, the state takes your driver’s license. If you do not pay up, a judgment may be entered against you that will be a lien on your house and all your property.

What is best for you?

I would never carry less than $500,000 in coverage. Very seldom will there be a claim against you that is worth more than that. Of course, you want to be sure to protect your assets, your job, your income, and your family. More coverage does not cost a lot once you get the initial minimum coverage. That is money well spent. In addition, your coverage limits also help you recover in the even someone injures you in a car wreck and that person is uninsured or underinsured.

How do I know these things?

I am a trial lawyer who has made claims against hundreds of negligent drivers over the years. Most of them were people like all of us, good people who just made a momentary mistake, but the result was the serious injury of another person. It is shocking to me to find that many of those people only carried minimum insurance coverage and thus were exposed to excess personal judgments.